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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 998 By: Gollihare
AS INTRODUCED
An Act relating to public utilities; amending 17 O.S.
2021, Section 286, which relates to cost of
transmission upgrades; referring deference of certain
assets by a public utility; defining term; providing
for Corporation Commission prudence review process;
establishing rate proceeding procedures for certain
utilities; providing exceptions; providing for
codification; providing an effecti ve date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 286, is
amended to read as follows:
Section 286. A. 1. The portion of costs inc urred by an
electric utility, which is subject to rate regulation by the
Corporation Commission, for transmission upgrades approved by a
regional transmission organization to which the utility is a member
and resulting from an order of a federal regulatory authority having
legal jurisdiction over interstate regulation of transmissio n rates,
shall be presumed recoverable by the utility. The presumption
established in this paragraph may be rebutted by evidence that the
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costs so incurred by the utility for th e transmission upgrades
exceed the scope of the project authorized by the regional
transmission organization or order issued by the federal regulatory
authority having jurisdiction over interstate regulation of
transmission rates. The Commission shall tra nsmit rules to
implement the requirements of this subsection to the Legislatur e on
or before April 1, 2006. The rules may authorize an electric
utility to periodically adjust its rates to recover all or a portion
of the costs so incurred by the utility fo r the transmission
upgrades.
2. Reasonable costs incurred by an electric utility for
transmission upgrades:
a. needed to develop wind generation in this state,
b. approved by the Southwest Power Pool, and
c. placed into service before December 31, 2013,
shall be presumed recoverable through a periodic adjustment in the
rates of the utility, provided that the presumption of the recovery
of such costs or the recovery of such costs through a periodic
adjustment in rates may be rebutted by evidence presented t o the
Commission. The determination of whether the costs shall be
recovered and whether the costs shall be recovered through a
periodic adjustment of rates shall be made by the Commission
following proper notice and hearing in a cause to be filed by the
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electric utility in which it files such information as the
Commission may requi re.
B. An electric utility subject to rate regulation by the
Corporation Commission may file an application seeking Commission
authorization of a plan by the utility to make cap ital expenditures
for equipment or facilities necessary to comply with the federal
Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA),
the Emergency Planning & Community Right -to-Know Act (EPCRA), the
Endangered Species Act (ESA), the National Environmen tal Policy Act
(NEPA), the Occupational Safety and Health Act (OSHA), the Oil
Pollution Act (OPA), the Pollution Prevention Act (PPA), the
Resource Conservation and Recovery Act (RCRA), the Safe Drinking
Water Act (SDWA), the Toxic Substances Control Act (TSCA), all as
amended, and, as the Commission may deem appropriate, federal,
state, local or tribal environmental requirements which apply to
generation facilities. If approved by the Commission, after notice
and hearing, the equipment or facilities speci fied in the approved
utility plan are conclusively presumed used and useful. The utility
may elect to periodically adjust its rates to recover the costs of
the expenditures. Th e utility shall file a request for a review of
its rates pursuant to Section 152 of this title no more than twenty -
four (24) months after the utility begins recovering the costs
through a periodic rate adjustment mechanism and no more than
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twenty-four (24) months after the utility begins recovering the
costs through any subsequent p eriodic rate adjustment mechanism.
Provided further, that a periodic rate adjustment or adjustments are
not intended to prevent a utility from seeking cost recovery of
capital expenditures as otherwise may be authorized by the
Commission. However, the reasonableness of the costs to be
recovered by the utility shall be subject to Commission review and
approval. The Commission shall promulgate rules to implement the
provisions of this subsection, such rules to be transmitted to the
Legislature on or before April 1, 2007.
C. 1. An electric utility subject to rate regulation by the
Corporation Commission may elect to file an application seeking
approval by the Commission to constr uct a new electric generating
facility, to purchase an existing electric generation facility or
enter into a long-term contract for purchased power and capacity
and/or energy, subject to the provisions of this subsection. If,
and to the extent that, the C ommission determines there is a need
for construction or purchase of the elect ric generating facility or
long-term purchase power contract, the generating facility or
contract shall be considered used and useful and its costs shall be
subject to cost recov ery rules promulgated by the Commission. The
Commission shall enter an order on an application filed pursuant to
this subsection within two hundred forty (240) days of the filing of
the application, following notice and hearing and after
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consideration of reasonable alternatives , unless the electric
generation facility utilizes natu ral gas as its primary fuel source.
If the electric generation facility uses natural gas as its primary
fuel source, then the Commission shall enter an order on an
application filed pursuant to this subsection within one hundred
eighty (180) days of the filing of the application, following notice
and hearing and after consideration of reasonable alternatives .
2. Regardless of the generation source, bids received by the
utility through a competitive bidding process within the twelve (12)
months following the final bid due date of such competitive bidding
process shall be considered substantial evidence to satisfy the
consideration of reasonable alternatives.
3. Following receipt of an application filed pursuant to this
subsection, the Corporation Commission staff may file a request to
assess the specific costs, to be paid by the electric utility and
which shall be deemed to be recoverable, for the costs associated
with conducting the analysis or investigation of the application
including, but not limited to , the cost of acquiring expert
witnesses, consultants, and analytical services. The request shall
be filed at and heard by the Corporation Commissioners in the docket
opened by the electric utility pursuant to this subsection. After
notice and hearing, the Commission shall decide the request.
3. 4. Additionally, following receipt of an application filed
pursuant to this subsection, the Office of the Attorney General may
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file a request with the Corporation Commission for the assessment of
specific costs, to be paid by the electric utility and which shall
be deemed to be recoverable, associated with the performance of the
Attorney General’s duties as provided by law. Those costs may
include, but are not limited to, the cost of acquiring expert
witnesses, consultants and analytical services. The request shall
be filed at and heard by the Corporation Commissioners in the docket
opened by the electric utility pursuant to this subsec tion. After
notice and hearing, the Commission shall decide the request.
4. 5. The Commission shall promulgate rules to implement the
provisions of this subsection. The rules shall be transmitted to
the Legislature on or before April 1, 2006. In promul gating rules
to implement the provisions of this subsection, the Commission shall
consider, among other things, rules which would:
a. permit contemporaneous utility recovery from its
customers, the amount necessary to cover the
Corporation Commission staff and Attorney General
assessments as authorized by this subsection,
b. establish how the cost of facilities approved pursuant
to this subsection shall be timely reviewed, approved,
and recovered or disapproved, and
c. establish the information which an ele ctric utility
must provide when filing an application pursuant to
this subsection.
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5. 6. The Commission shall also consider rules which may permit
an electric utility to begin to recover return on or and return of
Construction-Work-In-Progress expenses pr ior to commercial operation
of a newly constructed electric generation facilit y subject to the
provisions of this subsection , provided the newly constructed
electric generation facility utilizes natural gas as its primary
fuel source. The Commission shall permit a separate rate adjustment
mechanism, adjusted periodically, to recover the costs described in
this paragraph. If a public utility implements a rate adjustment
mechanism pursuant to this paragraph and subsequently terminates the
initiative to construct or acquire stake in the electric generation
facility, the Commission sha ll have the authority, following notice
and hearing, to order the public utility to refund customers any
amounts collected through such rate adjustment mechanism. In
ordering any such refund, the Commission shall give consideration as
to the circumstances resulting in the termination of the
construction or acquisition .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 286A of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. 1. On and after the effective date of this act, a public
utility shall defer to a regulatory asset ninety percent (90%) of
all depreciation expenses and return associated with all qualifying
electric plants placed in service, provided the public utility has
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provided notice to the Corporation Commission of the public
utility’s election to make such deferrals pursuant to this section.
Deferral under this section s hall begin on the effective date of
this act if the public utility notifies th e Commission of the
election prior to the effective date, or on the date that the
utility notifies the Commission of the election if such date is
after the effective date of this act.
2. For the purposes of this section, “qualifying electric
plant” means all incremental electric plant s placed in service by a
public utility following the utility’s last general rate case,
excluding transmission facilities or new electric generating units.
B. The Commission shall conduct a prudence review of the
associated qualifying electric plant resulting in the regulatory
asset balances prior to moving such balances into the public
utility’s rate base. The regulatory asset balances arising unde r
this section shall be adjusted to reflect any prudence disallowances
of the associated qualifying electric plant, following notice and
hearing, as ordered by the Commission.
C. Unless otherwise provided by this section, i n each general
rate proceeding concluded on or after July 1, 2025, the balance of
the regulatory asset as of t he end of the test year shall be
included in the public utility ’s rate base without any offset,
reduction, or adjustment based upon consideration of any other
factor with the regulatory asset balances arising from deferrals
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associated with the qualifying electric plant placed in service
after the end of the test year.
D. Parts of regulatory asset balances created under this
section that are not included in rate base shall accrue carrying
costs at the public utility ’s weighted average cost of capital plus
applicable federal, state , and local income or excise taxes.
Regulatory asset balances arising under this section that are
included in rate base shall be recovered in rates throu gh a twenty-
year amortization beginning on the date new rates reflecting such
amortization take effect.
E. Depreciation expense s deferred under this section shall
account for any qualifying electric plant placed into service.
Return deferred under this s ection shall be determined using the
weighted average cost of capital approved by the Commission in the
public utility’s last general rate case and applied to the change in
regulatory asset balances caused by the qualifying electric plant,
plus applicable federal, state, and local income or excise taxes.
In determining the return deferred, the public utility shall account
for changes in all plant -related accumulated deferred income taxes
and changes in accumulated depreciation, excluding retirements.
F. This section shall only apply to any public utility that has
elected to make the deferrals for which this section provides and
filed a notice with the Commission of such election.
SECTION 3. This act shall become effective July 1, 2025.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and a pproval.
60-1-341 RD 1/16/2025 2:17:44 PM